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To amend sections 149.433, 3301.56, 3313.536, 3314.03, 3737.73, and 3737.99 of the Revised Code to revise and expand the application of laws governing school safety plans and school safety drills.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 149.433, 3301.56, 3313.536, 3314.03, 3737.73, and 3737.99 of the Revised Code be amended to read as follows:

Sec. 149.433. (A) As used in this section:

(1) "Act of terrorism" has the same meaning as in section
2909.21 of the Revised Code.

(2) "Infrastructure record" means any record that discloses
the configuration of a public office's or chartered nonpublic school's critical systems including,
but not limited to, communication, computer, electrical,
mechanical, ventilation, water, and plumbing systems, security
codes, or the
infrastructure or structural configuration of the
building in
which a public office or chartered nonpublic school is located. "Infrastructure
record" does
not mean a simple floor plan that discloses only the
spatial
relationship of components of a public office or chartered nonpublic school or the
building in
which a public
office or chartered nonpublic school is located.

(3) "Security record" means eitherany of the following:

(a) Any record that contains information directly used for
protecting or maintaining the security of a public office against
attack, interference, or sabotage;

(b) Any record assembled, prepared, or maintained by a
public office or public body to prevent, mitigate, or respond to
acts of terrorism, including any of the following:

(i) Those portions of records containing specific and
unique
vulnerability assessments or specific and unique response
plans
either of which is intended to prevent or mitigate acts of
terrorism, and communication codes or deployment plans of law
enforcement or emergency response personnel;

(ii) Specific intelligence information and specific
investigative records shared by federal and international law
enforcement agencies with state and local law enforcement and
public safety agencies;

(iii) National security records classified under federal
executive order and not subject to public disclosure under federal
law that are shared by federal agencies, and other records related
to national security briefings to assist state and local
government with domestic preparedness for acts of terrorism.

(c) A school safety plan adopted pursuant to section 3313.536 of the Revised Code.

(B) A record kept by a public office that is a security
record or an infrastructure record is not a public record under
section 149.43 of the
Revised Code and is not subject to mandatory
release or disclosure under
that section.

(C) Notwithstanding any other section of the Revised Code, a
public office's or a public employee's disclosure by a public office, public employee, chartered nonpublic school, or chartered nonpublic school employee of a security
record or
infrastructure record that is necessary for
construction,
renovation, or remodeling work on any public
building or project or chartered nonpublic school
does not constitute public disclosure for
purposes of waiving
division (B) of this section and does not
result in that record
becoming a public record for purposes of
section 149.43 of the
Revised Code.

Sec. 3301.56. (A) The director of each preschool program
shall be responsible for the following:

(1) Ensuring that the health and safety of the children
are
safeguarded by an organized program of school health services
designed to identify child health problems and to coordinate
school and community health resources for children, as evidenced
by but not limited to:

(a) Requiring immunization and compliance with emergency
medical authorization requirements in accordance with rules
adopted by the state board of education under section 3301.53 of
the Revised Code;

(b) Providing procedures for emergency situations,
including
fire drills, rapid dismissals, and tornado drills, and school safety drills in
accordance
with section 3737.73 of the Revised Code, and keeping
records of
such drills or dismissals;

(c) Posting emergency procedures in preschool rooms and
making them available to school personnel, children, and parents;

(d) Posting emergency numbers by each telephone;

(e) Supervising grounds, play areas, and other facilities
when scheduled for use by children;

(f) Providing first-aid facilities and materials.

(2) Maintaining cumulative records for each child;

(3) Supervising each child's admission, placement, and
withdrawal according to established procedures;

(4) Preparing at least once annually for each group of
children in the program a roster of names and telephone numbers
of
parents, guardians, and custodians of children in the group
and,
on request, furnishing the roster for each group to the
parents,
guardians, and custodians of children in that group.
The director
may prepare a similar roster of all children in the
program and,
on request, make it available to the parents,
guardians, and
custodians, of children in the program. The
director shall not
include in either roster the name or telephone
number of any
parent, guardian, or custodian who requests that
the parent's,
guardian's, or custodian's name or number not
be included, and
shall not furnish any roster to any person other than a
parent,
guardian, or custodian of a child in the program.

(5) Ensuring that clerical and custodial services are
provided for the program;

(6) Supervising the instructional program and the daily
operation of the program;

(7) Supervising and evaluating preschool staff members
according to a planned sequence of observations and evaluation
conferences, and supervising nonteaching employees.

(B)(1) In each program the maximum number of children per
preschool staff member and the maximum group size by age category
of children shall be as follows:

Maximum

Group

Staff Member/

Age Group

Size

Child Ratio

Birth to less than 12 months

12

1:5, or 2:12 if

two preschool

staff members

are in the room

12 months to less than 18 months

12

1:6

18 months to less than 30 months

14

1:7

30 months to less than 3 years

16

1:8

3-year-olds

24

1:12

4- and 5-year-olds not in school

28

1:14

(2) When age groups are combined, the maximum number of
children per preschool staff member shall be determined by the
age
of the youngest child in the group, except that when no more
than
one child thirty months of age or older receives child
care in
a group in which all the other children are in the
next older age
group, the maximum number of children per
child-care staff member
and maximum group size requirements of
the older age group
established under division (B)(1) of this
section shall apply.

(3) In a room where children are napping, if all the
children are at least eighteen months of age, the maximum number
of children per preschool staff member shall, for a period not to
exceed one and one-half hours in any twenty-four hour day, be
twice the maximum number of children per preschool staff member
established under division (B)(1) of this section if all the
following criteria are met:

(a) At least one preschool staff member is present in the
room;

(b) Sufficient preschool staff members are present on the
preschool program premises to comply with division (B)(1) of this
section;

(c) Naptime preparations have been completed and the
children are resting or napping.

(4) Any accredited program that uses the Montessori method endorsed by the American Montessori society or the association Montessori internationale as its primary method of instruction and is licensed as a preschool program under section 3301.58 of the Revised Code may combine preschool children of ages three to five years old with children enrolled in kindergarten. Notwithstanding anything to the contrary in division (B)(2) of this section, when such age groups are combined, the maximum number of children per preschool staff member shall be twelve and the maximum group size shall be twenty-four children.

(C) In each building in which a preschool program is
operated there shall be on the premises, and readily available at
all times, at least one employee who has completed a course in
first aid and in the prevention, recognition, and management of
communicable diseases which is approved by the state department
of
health, and an employee who has completed a course in child
abuse
recognition and prevention.

(D) Any parent, guardian, or custodian of a child enrolled
in a preschool program shall be permitted unlimited access to the
school during its hours of operation to contact
the parent's,
guardian's, or custodian's child, evaluate the care provided by
the
program, or evaluate the premises, or for other purposes
approved by the
director. Upon entering the premises, the parent,
guardian, or custodian
shall report to the school office.

Sec. 3313.536. (A) The board of education of each city,
exempted
village, and local school district and the governing authority of each chartered nonpublic school shall adopt a
comprehensive
school safety plan for each school building under
the board's or governing authority's
control. The board or governing authority shall examine the environmental
conditions and
operations of each building to determine
potential hazards to
student and staff safety and shall propose
operating changes to
promote the prevention of potentially
dangerous problems and
circumstances. In developing the plan
for each building, the
board or governing authority shall involve
community law enforcement and safety
officials, parents of
students who are assigned to the building,
and teachers and
nonteaching employees who are assigned to the
building.
The board or governing authority shall consider
incorporating remediation
strategies into the plan for any
building where documented safety
problems have occurred.
The board shall file a copy of the safety
plan with each law enforcement agency that has jurisdiction over
the school building.

The board or governing authority shall incorporate into the plan both of the
following:

(A)(1) A protocol for
addressing serious threats to the safety
of school property,
students, employees, or administrators;

(B)(2) A protocol for
responding to any emergency events that
do occur and that
compromise the safety of school property,
students, employees, or
administrators.

Each protocol shall include procedures deemed appropriate
by
the board or governing authority for responding to threats and emergency events,
respectively, including such things as notification of
appropriate
law enforcement personnel, calling upon specified
emergency
response personnel for assistance, and informing
parents of
affected students.

(B) The board or governing authority shall update the safety plan at least once every three years and whenever a major modification to the building requires changes in the procedures outlined in the plan.

(C) The board or governing authority shall file a copy of the current safety plan and building blueprint with each of the following:

(1) Each law enforcement agency that has jurisdiction over the school building;

(2) Upon request, the fire department that serves the political subdivision in which the school building is located;

(3) The attorney general, who shall post that information on the Ohio law enforcement gateway or its successor.

Copies of the safety plan and building blueprint are not a public record pursuant to section 149.433 of the Revised Code.

The board or governing authority, each law enforcement agency and fire department to which copies of the safety plan and building blueprint are provided, and the attorney general shall keep the copies in a secure place.

(D) The board or governing authority shall grant access to each school building under its control to law enforcement personnel to enable the personnel to hold training sessions for responding to threats and emergency events affecting the building, provided that the access occurs outside of student instructional hours and an employee of the board or governing authority is present in the building during the training sessions.

Sec. 3314.03.
A copy of every contract entered into
under this section shall be filed with the superintendent of
public instruction.

(A) Each contract entered into
between a sponsor and the governing
authority of a
community school shall specify the following:

(1) That the school shall
be established as
either of the
following:

(a) A nonprofit
corporation established
under Chapter 1702.
of the Revised Code,
if established prior to April 8, 2003;

(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003;

(2) The education program of the school, including the
school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the
curriculum;

(3) The academic goals to be achieved and the method of
measurement that
will be used to determine progress toward those
goals, which shall include the statewide
achievement
tests;

(4) Performance standards by which the success of the
school
will be evaluated by the sponsor. If the sponsor will evaluate the school in accordance with division (D) of section 3314.36 of the Revised Code, the contract shall specify the number of school years that the school will be evaluated under that division.

(5) The admission standards of section 3314.06 of the
Revised Code and, if applicable, section 3314.061 of the Revised Code;

(6)(a) Dismissal procedures;

(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.

(7) The ways by which the school will achieve racial and
ethnic balance
reflective of the community it serves;

(8) Requirements
for
financial audits by the
auditor of state. The contract shall require
financial records of
the school to be maintained in
the same manner as are financial
records of school districts, pursuant to
rules of the auditor of
state, and the audits shall be conducted in
accordance with
section 117.10 of the Revised Code.

(9) The facilities to be used and
their locations;

(10) Qualifications of teachers,
including a requirement
that the school's
classroom teachers be licensed in accordance
with sections 3319.22 to
3319.31 of the Revised Code, except that
a community school may engage
noncertificated persons to teach up
to twelve
hours per week pursuant to section 3319.301 of the
Revised Code;

(11) That the school will comply with the following
requirements:

(a) The school will provide learning opportunities to a
minimum
of twenty-five students for a minimum of nine
hundred
twenty hours per school year;

(b) The governing authority will
purchase liability
insurance, or otherwise provide for the
potential liability of the
school;

(c) The school will be
nonsectarian in its programs,
admission policies,
employment practices, and all other
operations, and will not be
operated by a sectarian school or
religious institution;

(e) The school shall comply with Chapter 102. and section 2921.42 of
the
Revised Code;

(f) The school will comply with sections 3313.61,
3313.611,
and 3313.614 of the Revised Code, except that the
requirement in
sections
3313.61 and 3313.611 of the Revised
Code that a person
must successfully
complete the curriculum
in
any high school prior
to receiving a
high school diploma may be
met by completing the
curriculum adopted by the
governing
authority of the community
school
rather than the curriculum
specified in Title XXXIII of the
Revised Code or any rules of the
state board of education;

(g) The school governing authority will submit
within four months after the end of each school year a
report
of
its activities and progress in meeting the goals and
standards of
divisions
(A)(3) and (4) of this section and its
financial status
to the
sponsor, the parents of all students
enrolled in the
school, and the legislative office of education
oversight. The
school will
collect and provide
any data that the
legislative
office of education oversight requests in
furtherance
of any study
or research that the general assembly requires the
office to
conduct, including the studies required under Section
50.39
of Am.
Sub. H.B. 215 of the
122nd general assembly and
Section 50.52.2 of
Am. Sub. H.B. 215 of the
122nd general
assembly, as amended.

(12) Arrangements for providing health and other benefits
to
employees;

(13) The length of the contract, which shall begin at the
beginning of an
academic year. No contract shall
exceed
five years
unless such contract has been renewed pursuant to
division (E) of this section.

(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;

(15) A financial plan detailing an estimated school budget
for each year
of the period of the contract and specifying the
total estimated per pupil
expenditure amount for each such year.
The plan shall specify for
each year the base formula amount
that
will be used for purposes of funding calculations under section
3314.08
of the Revised Code. This base formula amount for any
year shall not exceed
the formula amount defined under section
3317.02
of the Revised Code. The plan may also
specify for any
year a percentage figure to be used for reducing the per pupil
amount of the subsidy calculated pursuant to
section 3317.029 of the Revised Code the school is to
receive that
year under section 3314.08 of the Revised Code.

(16) Requirements and procedures regarding the disposition
of
employees of the school in the event the contract is terminated
or not renewed pursuant to section 3314.07 of the Revised Code;

(17) Whether the school is to be created by
converting all
or part of an existing public school or is to be a new start-up
school, and if it is a converted public school, specification of
any duties or
responsibilities of an employer that the board of
education that operated the
school before conversion is delegating
to the governing board of the community
school with respect to all
or any specified group of employees provided the
delegation is not
prohibited by a collective bargaining agreement applicable
to such
employees;

(18) Provisions establishing procedures for resolving
disputes or
differences of opinion between the sponsor and the
governing authority of the
community school;

(19) A provision requiring the governing authority to adopt
a policy
regarding
the admission of students who reside outside
the district in which the school
is located. That policy shall
comply with the admissions procedures specified
in sections 3314.06 and 3314.061
of the Revised Code and, at the sole
discretion of the authority,
shall do one of the following:

(a) Prohibit the enrollment of students who reside outside
the
district in which the school is located;

(b) Permit the enrollment of students who reside in
districts
adjacent to the district in which the school is located;

(c) Permit the enrollment of students who reside in any
other
district in the state.

(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;

(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;

(22) A provision recognizing both of the following:

(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;

(b) The authority of the
department of education as the
community school oversight body to
suspend the operation of the
school under section 3314.072 of the
Revised Code if the
department has evidence of conditions or
violations of law at the
school that pose an imminent danger to
the health and safety of
the school's students and employees and
the sponsor refuses to
take such action;

(23) A description of the learning opportunities that will
be offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code;

(24) The school will comply with section 3302.04 of the Revised Code, including division (E) of that section to the extent possible, except that any action required to be taken by a school district pursuant to that section shall be taken by the sponsor of the school. However, the sponsor shall not be required to take any action described in division (F) of that section.

(25) Beginning in the 2006-2007 school year, the school will open for operation not later than the thirtieth day of September each school year, unless the mission of the school as specified under division (A)(2) of this section is solely to serve dropouts. In its initial year of operation, if the school fails to open by the thirtieth day of September, or within one year after the adoption of the contract pursuant to division (D) of section 3314.02 of the Revised Code if the mission of the school is solely to serve dropouts, the contract shall be void.

(B) The community school shall also submit to the sponsor a
comprehensive plan for the
school. The plan shall specify the
following:

(1) The process by which the governing authority of the
school will be
selected in the future;

(2) The management and administration of the school;

(3) If the community school is a currently existing
public
school, alternative arrangements
for current public school
students who choose
not to attend the school and teachers who
choose not to teach in
the school after conversion;

(4) The instructional program and educational philosophy of
the
school;

(5) Internal financial controls.

(C) A contract entered into under section 3314.02 of the
Revised
Code between a sponsor and the governing
authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to
receive such payments as set forth in the contract
between the governing
authority and the sponsor.
The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total
amount of payments for
operating expenses that the school receives
from the state.

(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:

(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;

(2) Monitor and evaluate the academic and fiscal
performance and the organization and operation of the community
school on at least an annual basis;

(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;

(4) Provide technical assistance to the community school
in complying with laws applicable to the school and terms of the
contract;

(5) Take steps to intervene in the school's operation to
correct problems in the school's overall
performance, declare the
school to be on probationary status
pursuant to section 3314.073
of the Revised Code, suspend the
operation of the school pursuant
to section 3314.072 of the
Revised Code, or terminate the contract
of the school pursuant to
section 3314.07 of the Revised Code as
determined necessary by the
sponsor;

(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.

(E) Upon the expiration of a
contract entered into under
this section, the sponsor of a
community school may, with the
approval of the governing authority
of the school, renew that
contract for
a period of time determined by the sponsor, but not
ending earlier
than the end of any school year, if the sponsor
finds that the
school's compliance with applicable laws and terms
of the contract
and the school's progress in meeting the academic
goals prescribed
in the contract have been satisfactory. Any
contract that is renewed
under this division remains subject to
the provisions of sections
3314.07, 3314.072, and 3314.073 of the
Revised Code.

(F) If a community school fails to open for operation within one year after the contract entered into under this section is adopted pursuant to division (D) of section 3314.02 of the Revised Code or permanently closes prior to the expiration of the contract, the contract shall be void and the school shall not enter into a contract with any other sponsor. A school shall not be considered permanently closed because the operations of the school have been suspended pursuant to section 3314.072 of the Revised Code. Any contract that becomes void under this division shall not count toward any statewide limit on the number of such contracts prescribed by section 3314.013 of the Revised Code.

Sec. 3737.73. (A) No principal or person in charge of a
public or private school or educational institution having an
average daily attendance of fifty or more pupils, and no person
in charge of any children's home or orphanage housing twenty or
more minor persons, shall willfully neglect to instruct and train
such children by means of drills or rapid dismissals at least
once a month while such school, institution, or children's home
is in operation, so that such children in a sudden emergency may
leave the building in the shortest possible time without
confusion. The principal or person in charge of a school or educational institution shall conduct drills or rapid dismissals at least nine times during the school year, which shall be at the times and frequency prescribed in rules adopted by the fire marshal. However, no drill or rapid dismissal under this division need be conducted in any month that a school safety drill required under division (D) of this section is conducted as long as a total of nine drills or rapid dismissals under this division are conducted in the school year. The principal or person in charge of a children's home or orphanage shall conduct drills or rapid dismissals at least once each month while the home is in operation. In the case of schools, no such personprincipal or person in charge of a school shall
willfully neglect to keep the doors and exits of such building
unlocked during school hours. The fire marshal may order the
immediate installation of necessary fire gongs or signals in such
schools, institutions, or children's homes and enforce this division and divisions (B) and (C)(3) of this
section.

(B) In conjunction with the drills or rapid dismissals
required by division (A) of this section, principals or persons
in charge of public or private primary and secondary schools, or
educational institutions, shall instruct pupils in safety
precautions to be taken in case of a tornado alert or warning.
Such principals or persons in charge of such schools or
institutions shall designate, in accordance with standards
prescribed by the fire marshal, appropriate locations to be used
to shelter pupils in case of a tornado, tornado alert, or
warning.

(C)(1) The fire marshal or histhe fire marshal's designee shall
annually
inspect each school, institution, home, or orphanage subject to division (A) of this section to determine compliance with that division, and each school or institution subject to division (B) of
this section to ascertain whether the locations comply with the
prescribed standards prescribed under that division. Nothing in this section shall require a
school or institution to construct or improve a facility or
location for use as a shelter area.

(D)(2) The fire marshal or histhe fire marshal's designee shall
issue a warning
to any person found in violation of division (A) or (B) of this
section. The warning shall indicate the specific violation and a
date by which such violation shall be corrected. No

(3) No person shall
fail to correct violations by the date indicated on a warning
issued under this division (C)(2) of this section.

(D)(1) On or before April 1, 2007, and on or before each first day of December thereafter, the principal or person in charge of each public or private school or educational institution shall conduct a school safety drill to provide pupils with instruction in the procedures to follow in situations where pupils must be secured in the school building, such as a threat to the school involving an act of terrorism; a person possessing a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code, on school property; or other act of violence.

(2) The principal or person in charge of each public or private school or educational institution shall provide to the police chief or other similar chief law enforcement officer of the municipal corporation, township, or township police district in which the school or institution is located, or, in absence of any such person, the county sheriff of the county in which the school or institution is located advance notice of each school safety drill required under division (D)(1) of this section and shall keep a written record of the date and time of each drill conducted.

(3) The principal or person in charge of each public or private school or educational institution shall hold annual training sessions for employees of the school or institution regarding the conduct of school safety drills.

(4) The police chief or other similar chief law enforcement officer of a municipal corporation, township, or township police district, or, in the absence of any such person, the county sheriff shall issue a warning to any person found in violation of division (D)(1) of this section. Each warning issued for a violation of division (D)(1) of this section shall require the principal or person in charge of the school or institution to correct the violation by conducting the school safety drill not later than the thirtieth day after the date the warning is issued.

(5) No person shall fail to correct violations by the date indicated on a warning issued under division (D)(4) of this section.

Sec. 3737.99. (A) Whoever violates section 3737.28 of the
Revised Code may be summarily punished, by the officer concerned,
by a fine of not more than one hundred dollars or commitment to
the county jail until that person is willing to comply with the
order of such officer.

(B) Except as a violation of section 2923.17 of the
Revised Code involves subject matter covered by the state fire
code and except as such a violation is covered by division (G) of
this section, whoever violates division (A) of section 3737.51 of
the Revised Code is guilty of a misdemeanor of the first degree.

(C) Whoever violates section 3737.61 of the Revised Code
is guilty of a minor misdemeanor.

(D) Whoever violates section 3737.62 or 3737.64 of the
Revised Code is guilty of a misdemeanor of the fourth degree.

(E) Whoever violates section 3737.63 or division (A) or
(B) of section 3737.65 of the Revised Code is guilty of a
misdemeanor of the third degree.

(F) Whoever violates division (C)(3) or (D)(5) of section 3737.73 of
the Revised Code shall be fined not less than five nor more than
twentyone thousand dollars.

(G) Whoever violates section 3737.66 of the Revised Code
is guilty of a misdemeanor of the first degree.

(H) Whoever knowingly violates division (C) of section
3737.882 of the Revised Code is guilty of an unclassified felony
and shall be fined not more than twenty-five thousand dollars or
imprisoned for not more than fourteen months, or both. Whoever
recklessly violates division (C) of section 3737.882 of the
Revised Code is guilty of a misdemeanor of the first degree.

(I) Whoever knowingly violates division (F)(1), (2), or
(3) of section 3737.881 or section 3737.93 of the Revised Code is
guilty of a misdemeanor of the fourth degree.

(J) Whoever knowingly violates division (B) or (C) of
section 3737.91 of the Revised Code is guilty of a misdemeanor of
the second degree.

Section 3. It is the intent of the General Assembly to encourage the United States Congress and the United States Department of Homeland Security to broaden the definition of "critical infrastructure" enacted in the "Homeland Security Act of 2002," 6 U.S.C. 101 et seq., to include school buildings as they are a potential target of terrorist attacks. Including school buildings as critical infrastructure would enable the Department to prioritize the security of school buildings by integrating them into its risk assessments and plans for protecting the national safety and welfare.